Anime of Tracy torture case draws outrage

Scott Smith

Wednesday

Oct 27, 2010 at 12:34 PMOct 29, 2010 at 5:00 PM

STOCKTON — An animated clip produced in Taiwan of alleged torture that a 16-year-old boy endured in Tracy has drawn a strong response from relatives of a man who goes on trial today for the alleged abuse.

STOCKTON — An animated clip produced in Taiwan of alleged torture that a 16-year-old boy endured in Tracy has drawn a strong response from relatives of a man who goes on trial today for the alleged abuse.

Michael Barnhill said the one-minute animation is proof that his nephew, Anthony Waiters, won't be able to get a fair trial. Barnhill called The Record from his home in Atlanta amid a phone blitz attempting to derail the trial.

“This whole thing is just crazy,” Barnhill said. “There is no way this guy is going to get a fair trial.”

Waiters, 31, is charged with torturing and abusing the boy identified in court papers as Kyle R., who has since turned 18. Three others pleaded guilty earlier this month in deals that landed them in prison for 30 years or more.

Despite the outcry from Barnhill or attempts by Waiters' attorney today in court, the judge refused to delay or send the case out of San Joaquin County for trial. Opening statements are expected to begin this afternoon.

San Joaquin County Superior Court Judge Terrence Van Oss said that no matter where the trial unfolds — San Diego, Crescent City or Kansas — simply stating the charges will draw a strong response from jurors.

Van Oss also said he didn't feel the publicity has tainted the jury, which has been selected. The judge challenged Waiters' attorney to ask a higher court to intervene, but he refused to delay the trial while that happened.

“I encourage you to file a writ,” Van Oss said. “Go for it.”

Waiters' uncle said he doesn't understand how justice can be served with publicity that has reached as far away as Asia. He said his nephew is innocent.

The animated clip posted on YouTube shows Kyle in a home as he is doused with chemicals and eventually escapes. The clip is narrated in Chinese.

The first animated image to appear is that of a figure resembling Waiters, who throws a powdery substance into Kyle's face as the other defendants stand by jeering. The clip is interspersed with news video clips and mug pictures.